UNION OF INDIA Vs. RANI AND OTHERS

JUDGEMENT

(1.) This First Appeal from Order arises out of the judgment and award dated 28th July, 1999 passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow, whereby the claim of the claimant has been allowed and the appellant has been directed to pay Rs. 2,00,000/ - and in the event of default in payment within 90 days, the respondents will be entitled to 12% interest per annum.

(2.) Claimant preferred a claim on the accidental form on account of death of her husband who was travelling on 14th Sept., 1996 from Unnao to Kanpur by 3 LC train alongwith his friend Suresh Chandra Dwivedi and fell down and succumbed to injuries and died. Initially compensation of Rs. 4 lacs was claimed. However, learned Counsel for the claimant conceded before the Tribunal that it should be read as two lacs.

(3.) The claim was contested by the appellant before the Tribunal on the ground that the deceased was not a bona fide passenger and the deceased has not fallen down accidentally from the train. It was also urged by the appellant that it was due to the negligence of the deceased that he fell down and, therefore, Railway Administration is not responsible for any compensation.